Judge orders Border Patrol to reinstate agent

McALLEN - A judge ordered the Border Patrol reinstate an agent who was recently acquitted of using excessive force to arrest an illegal immigrant.

"I find the sole basis for the appellate's removal was a felony conviction," according to the order. "And since that conviction has been overturned it is unreasonable for the agency to refuse to reinstate."

Administrative Judge Anna Love published the order on June 13, ordering the Border Patrol give David Sipe his job back and back pay since 2001, when he was convicted and fired.

While preparing for sentencing in 2001, Sipe's attorney discovered evidence the U.S. Attorneys office had failed to hand over dur-ing the trial. Sipe's attorney, Jack Lamar Wolfe, asked for a mistrial and Judge Ricardo Hinojosa granted it in April 2003.

The U.S. Attorneys office filed an appeal, which was denied by the court.

Sipe was tried again in U.S. District court and acquitted in January of this year.

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